Fongs suspension underlines need for parliamentary reforms
The unprecedented six-month suspension of opposition Batu Gajah MP Fong Po Kuan for criticising the Dewan Rakyat speaker has underscored the urgency for parliamentary reforms.
Spearheading the move is Fong's own political party, DAP, which is actively seeking support from other organisations sympathetic to its case to democratise the "highest political forum in the nation".
Fellow opposition parties PAS and Keadilan have pledged their support. The young MP's plight has also won the backing of a women's organisation.
The unprecedented six-month suspension of opposition Batu Gajah MP Fong Po Kuan for criticising the Dewan Rakyat speaker has underscored the urgency for parliamentary reforms.
Spearheading the move is Fong's own political party, DAP, which is actively seeking support from other organisations sympathetic to its case to democratise the "highest political forum in the nation".
Fellow opposition parties PAS and Keadilan have pledged their support. The young MP's plight has also won the backing of a women's organisation.
Fong, who turned 28 in September, made political history by becoming the youngest MP - and a woman at that - after winning her seat in 1999 general elections.
Many sympathisers felt that she has been unduly punished because of her youth and gender as other MPs have gotten away with lighter penalties for more questionable actions.
Unduly punished
Women's Development Collective executive director Maria Chin Abdullah has called for Fong's immediate reinstatement, saying that there were sufficient avenues for speaker Mohamed Zahir Ismail to act against Fong if he had felt insulted.
Maria added that Fong has now been deprived of carrying out her duties and obligations to the people in her constituency.
"Such an action has wide ramifications. It indicates Parliament's lack of responsibility towards the people whom it represents and its lack of tolerance for any political dissent," she told malaysiakini .
In the press statement calling for reforms, DAP secretary-general Kerk Kim Hock said changes were necessary so that MPs could play their "meaningful and effective" role as elected representatives in the House.
"The speaker's rejection of our request (to debate various issues) has caused the public to wonder whether Parliament is still relevant.
"Issues which were of public interests do not seem important and urgent enough for parliamentary debate," lamented Kerk.
He cited several cases which have been summarily dismissed by the speaker - the Employees Provident Fund's 'unprofitable' investment in Timedot.com shares, the Kampung Medan community clashes in March, the controversial appointment of the new attorney-general and the Certificate in Legal Practice scandal.
These cases, proposed by way of emergency motions provided by the House's standing orders, were rejected by the speaker for not being "urgent, specific and of public interest".
Principled stand
Fong's political misadventure began when she took Zahir to task for rejecting her motion to debate the tampering of the CLP results.
Unhappy with his decision to reject her motion, which Fong (a lawyer by qualification) felt has great ramification for the legal profession, she issued a press statement on Dec 4 claiming that Zahir had 'abused his power' and 'prevented Parliament for carrying out its duties'.
This earned her the wrath of de facto Law Minister Rais Yatim who proposed a motion - on behalf of the prime minister - to demand Fong to apologise or face a six-month suspension and the withdrawal of her MP's income amounting to about RM40,000.
Fong stood steadfast to her principles and refused to back down, saying that the manner in which her case was handled breached the laws of natural justice. She claimed she was not allowed to seek redress from the committee of privileges provided for by Parliament.
Parliament voted 83-28 after a marathon debate on Dec 11 in favour of her punishment that has rankled her peers as excessive and unjust.
DAP deputy chairperson Karpal Singh said the party was also seriously contemplating legal action against Zahir.
He said Parliament had set a dangerous precedent and the implications of the passing of the motion were very significant and far reaching.
"In effect, an ordinary citizen can now be made the subject of punishment in Parliament if he criticises the speaker as Fong's press statement was made outside the Dewan," he said.
Dangerous precedence
Karpal said Fong acted in accordance with article 10 (1) in the constitution which provides for freedom of speech and expression.
However, according to article 10 (2), Parliament can impose restriction on this right by passing a law.
"But Parliament cannot, by passing a motion, punish anyone who criticises the speaker. That was never the intention of the framers of the constitution.
"Had Fong criticised Zahir in the House, it would have the jurisdiction to take action against her," Karpal said.
He said Barisan Nasional have abused its power by using the Parliament to punish Fong.
He said while proceedings in Parliament cannot be question in any court, Fong's case was exceptional as the act against her violated the constitution.
Karpal said Parliament is not immune to legal redress if any of its proceedings contravene the constitution, which is the supreme law of the land.


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